Facts
On February 25, 2026, police intercepted two trucks at Basna Mandi carrying over 99 metric tons of sponge iron valued at approximately ₹50 lakhs
Source reference: para 2The drivers provided invoices from the applicant’s firm, M/s Jai Bhole Ispat, but lacked weighment slips and e-way bills, leading to suspicions of theft and forgery
Source reference: para 2Following interrogation, drivers alleged that the material was illicitly stored and that the applicant's firm prepared forged invoices to facilitate transportation
Source reference: para 2The applicant, a partner in the firm, was arrested on March 8, 2026, for offences under the BNS, 2023
Source reference: para 6, 7The applicant maintained that the firm is a legitimate GST-registered entity with an annual turnover of ₹240 crores and that the transaction was a genuine commercial deal supported by banking records
Source reference: para 3Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the filing of the charge-sheet and the nature of the evidence
Source reference: para 1, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court the authority to grant regular bail
Source reference: para 1The substantive charges against the applicant were framed under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 318(4) (cheating), 316(4) (criminal breach of trust), 336(2) (forgery), 338, 340, and 3(5) (common intention)
Source reference: para 1Reasoning
The Court examined the nature of the allegations, which were primarily documentary and pertained to commercial transactions and alleged forgery
Source reference: para 3The Court noted that the applicant had no criminal antecedents and had already spent over a month in judicial custody since March 8, 2026
Source reference: para 6A significant factor in the Court's reasoning was the State’s submission that the charge-sheet had already been filed, suggesting that the investigation was complete and further custodial interrogation was unnecessary
Source reference: para 4, 6the Court took into account that the trial was not expected to conclude imminently
Source reference: para 6Given these circumstances, and the fact that other named accused persons had been granted bail, the Court found it fit to exercise its discretion in favor of the applicant
Source reference: para 3, 6Holding
The High Court allowed the bail application and directed the release of Tarak Ghosh
The holding was contingent upon the applicant furnishing a personal bond with two local sureties to the satisfaction of the trial court
Source reference: para 7The Court imposed several conditions to ensure trial integrity, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all trial dates; and (iii) specific appearances during the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: para 7Failure to comply would allow the trial court to treat the default as an abuse of the liberty of bail
Source reference: para 7Original Court PDF
TARAK GHOSHvsSTATE OF CHHATTISGARH
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